Republic Act No. 9344: Juvenile Justice & Welfare ACT OF 2006 23 April 2006

Republic Act No.
9344
JUVENILE JUSTICE & WELFARE

ACT OF 2006
23 April 2006
Coverage of the Act
Covers the different
STAGES involving
Reintegration Prevention
CHILDREN AT RISK
& CHILDREN IN
CONFLICT WITH
THE LAW (CICL)
from PREVENTION
to REHABILITATION
Rehabilitation
& REINTEGRATION
8/8/2019 JP Humiding/Copyright
Juvenile Justice & Welfare System
Prevention
Aftercare Diversion
Re-
Rehabilitation
integration
A system of dealing with CHILDREN AT RISK and

CHILDREN IN CONFLICT WITH THE LAW; which
provides child-appropriate proceedings including
programs & services for PREVENTION, DIVERSION,
REHABILITATION, RE-INTEGRATION and
AFTERCARE to ensure child’s normal growth and
development
Child At Risk
 Vulnerable to & at the risk of committing criminal offenses because
of personal, family & social circumstances
 i.e. abused, exploited, abandoned, neglected; coming from a
dysfunctional family, being out of school, being a street child, being
a member of a gang; living in a community with a high level of
criminality or drug abuse; living in situations of armed conflict
Child in Conflict with the Law
A CHILD who is:
- ALLEGED AS
- ACCUSED OF
- ADJUDGED AS
having committed an
OFFENSE
Under Philippine laws
Declaration of State Policy
 Youth’s role in nation  Cultural & Religious
building Sensitivity
 The “Best Interest of  Principle of
the Child” Doctrine Restorative Justice
 Children’s Right to
Assistance
 Article 40 of the UN
Convention on the
Rights of the Child
Principles in the Administration of
Juvenile Justice Welfare
 Rights of the Child in
Conflict with the Law
(Sec. 5)
 Minimum Age of
Criminal
Responsibility (Sec.
6)
 Presumption of
Minority (Sec. 7)
Rights of the Child in Conflict with
the Law
 No to torture, cruel,
inhuman punishment
 No to capital
punishment or life
imprisonment
 No to deprivation of
liberty
Rights of CICL
 To be treated with
humanity & respect
 To prompt access to
legal and other
assistance
 To bail &
recognizance
 To testify as a witness
 To privacy
Rights of CICL
 To diversion
 To be imposed judgment in proportion to the gravity of
the offense
 To minimum restrictions
 To automatic suspension of sentence
Rights of CICL
 To probation
 To be free from liability for perjury, concealment
or misrepresentation
 Other rights
Children Below Age of Criminal
Responsibility
 15 Years of Age & BELOW
 15-18 Years of Age who did not act with discernment
 No exemption from Civil Liability which shall be borne by the

Parents
 Child is released to parents but may undergo Program
supervised by Social Worker
Determination of Age
 Presumption of
Minority
 Documentary Proofs
 Information from Child
himself
 Physical Appearance
 Others
 Doubt to be resolved
in favor of the Child
Composition of the Juvenile Justice
& Welfare Council
DOJ
2
CWC
NGO’s
JUVENILE
JUSTICE &
NYC WELFARE DepEd
SYSTEM
CHR DILG
DSWD
Child Rights Center
Prevention of Juvenile Delinquency
Prevention of
Juvenile
Delinquency
Role of the
Different
Sectors
Juvenile Intervention
Program
The Role of the Different Sectors
Sangguniang The
Kabataan Family
Local Social
The
Welfare &
Educational
Development
System
Officers
Local
Councils
Mass
for the
Media
Protection
of Children
Comprehensive Juvenile
Intervention Program
 Prevention at the LGU  Community-based
level Programs on Juvenile
 Local Councils for the Justice & Welfare
Protection of Children  Primary Intervention
 1% of IRA allocated for  General Prevention
LCPC Measures
 Appointment of LSWDO to  Secondary Intervention
assist CICL  Early Intervention for
 Local 3-year Children at Risk
comprehensive intervention  Tertiary Intervention
& restorative program  Tertiary Diversion for CICL
Treatment of Children Below the
Age of Criminal Responsibility
INITIAL CONTACT WITH

CHILD
NOTICE TO THE LOCAL

SWDO, PAO, PARENTS, ETC.
Determination of Age, Turn-
over of CICL to LSWDO within
8 hours,
DETERMINATION OF
APPROPRIATE
PROGRAMS IN
CONSULTATION WITH THE
CHILD AND CUSTODIAN
Treatment of Children Below Age
of Criminal Responsibility
NGO or RO
duly registered
 To Whom Will the Barangay Official

Child be Released if Or any BCPC
member
Parents, Guardians,
Nearest Relatives
Local SWDO
Cannot be Located or
if they REFUSE to
take custody
DSWD
Petition for Involuntary
Commitment
 If the child is found by the local SWDO to be
abandoned, neglected or abused by his parents
 If parents will not comply with the Intervention &
Prevention Program
Juvenile Justice and Welfare
System
INITIAL
CONTACT WITH
THE CHILD
DIVERSION
PROSECUTION
COURT
PROCEEDINGS
Initial Contact with the Child:
Duties of the Law Enforcement
Officer
Explain to the child the
offense & the
reasons for taking him
into custody
Inform child of his

constitutional rights
Identify oneself &

Present ID to the child
Avoid using vulgar or

profane words or
making sexual
advances on the child
Duties of the Law
Enforcement Officer
Do not display any firearm,
weapon, handcuffs or other
instruments of force or
restraint unless necessary
Do not subject the child to

unnecessary restraint than
is necessary for his
apprehension
Avoid violence or
unnecessary force
Determine age of the Child
Duties of Law Enforcement
Officers
Turn over custody of the
child within 8 hours after
apprehension to the
LSWDO
Or other accredited NGO’s
Notify the Child’s parents,

guardians and the PAO
LSWDO to explain to the

child’s parents,
guardians the
consequences of the
child’s act
Take the child for medical,

physical and mental
examination
Duties of Law Enforcement Officers
If detention is necessary, ensure that
the CICL shall be
secured in quarters separate from
that of the opposite sex & adult
offenders
Record the ff: handcuffs; notification

to parents,
guardians, relatives, DSWD, PAO;
age of the child,
Details of medical or physical
examination of child or refusal thereto
All statements must be signed by

child and witnessed by child’s
parents, guardians, social worker,
legal counsel
CICL shall only be searched
by a law enforcement officer
of the same gender
CICL shall not be locked up in a
Detention Cell
Duties During Initial Investigation
 Determine where the

case should be
referred
Taking of Child’s Statement
Child’s Counsel
Or the PAO
Child’s Parents,
Guardians,
 Must be conducted in Nearest Relative
the presence of:
Local SWDO
Any member of
an NGO, RO
or the BCPC
Duty of the Local Social Worker
After Initial Investigation
Initial Investigation
If the Child is 15 or Below If the Child is above 15

or Above 15 but below 18 but below 18
who acted WITHOUT who acted WITH
DISCERNMENT DISCERNMENT
Proceed in Accordance
with Section 20
DIVERSION
(immediate release of the
child)
Diversion
Diversion
Type of Person Measures to
Crime Responsible be Taken
Committed
1. Crimes Law *Mediation
Punishable by Enforcement *Family
not more than 6 Officer/Punong Conferencing
years Barangay/ *Conciliation
Imprisonment *Indigenous
LSWDO
Modes of Dispute
Resolution
Diversion
Type of Person Measures To
Crime Responsible be Taken
Committed
2. Victimless Crimes LSWDO Meet with Child
where imposable and Parents to
penalty is not more
than 6 years
Develop Diversion
Programs
3. Crimes where PROSECUTOR Diversion
penalty exceeds 6
years Imprisonment & COURT Measures
but not more than 12
years
Victimless Crimes
 Offenses where there are NO PRIVATE

OFFENDED PARTIES
 i.e. Drunkenness, Violation of Ordinances
Stages Where DIVERSION may be
Conducted
 Katarungang
Pambarangay
 Police
Investigation/Inquest/
Preliminary
Investigation
 All Levels of the
Proceedings
including:
 JUDICIAL LEVEL
Contract of Diversion
 Conferencing
 Mediation
 Conciliation
 Prior to entry to the
Criminal Justice
System
Contract of Diversion…
 Child Voluntarily admits
the act during the
Conferencing,
Conciliation of Mediation
Proceedings
 Such ADMISSION shall
NOT be used against the
Child in any subsequent
judicial, quasi-judicial or
administrative
proceedings
 Effective & Binding if
Accepted by Parties
Concerned
 Acceptance in Writing
and Signed by the
Parties concerned &
appropriate
Authorities
 SUPERVISED by the LSWDO

 COMPLETED within 45 Days
 Prescriptive Period Suspended until Completion of
DIVERSION PROCEEDINGS but not to exceed 45 Days
 Child to Present Himself ONCE a Month for Reporting
and Evaluation of the effectiveness of Program
Failure to Comply with the
Contract of Diversion Shall give
the Offended Party the OPTION
to institute Appropriate Legal
Action
The Period of Prescription of the
Offense shall be suspended
during the effectivity of the
DIVERSION PROGRAM but
NOT to EXCEED 2 Years
Duty of Punong Barangay When
There is No Diversion
Situation Contemplated Duty of Punong
Barangay
*Where the parents or Within 3 DAYS from
guardians do not from determination of
consent to Diversion lack of jurisdiction,
*Crimes where the FORWARD the records
Imposable Penalty is to the Law Enforcement
More than 6 Years Officer, the Prosecutor
Imprisonment or the Appropriate Court
Duty of the Law Enforcement Officer
When There is NO DIVERSION
Situation Actions to be
Contemplated Undertaken
*Parents or Guardians *WCPD of the PNP shall forward

the records to the Prosecutor or
do not agree to a Judge within 3 DAYS from
Diversion determination of absence of
Jurisdiction
*Crime is punishable by *Prosecutor or Judge shall
more than 6 months conduct Preliminary Investigation
imprisonment or Inquest to determine whether
the child shall remain under
custody
*The document transmitting the
records shall display the word
“CHILD” in bold letters
FACTORS IN DETERMINING
DIVERSION PROGRAM
 Nature & Circumstances of
Offense
 Frequency & Severity of the
Act
 Circumstances of the Child
 Family & Environmental
Influences on Child’s Growth
 Reparation of Injury to Victim
 Weight of Evidence Against
the Child
 Community Safety
 Best Interest of the Child
Formulation of the Diversion
Program
 Formulate an INDIVIDUALIZED TREATMENT
for the CHILD
Factors to be Considered
1. Child’s feelings of 3. Victim’s view about
remorse the propriety of the
2. Parent’s or legal measures imposed
guardian’s ability to 4. Availability of
guide and supervise community-based
the child program for
rehabilitation &
reintegration
Kinds of Diversion Programs
 At the Level of the  At the Level of the Law
Punong Barangay Enforcement Officer
1. Restitution and the Prosecutor
2. Reparation 1. Diversion Programs 1-9
3. Indemnification 2. Confiscation & forfeiture of the
4. Apology proceeds of the Crime
5. Care, Guidance, Supervision  At the Level of the
6. Counseling Court
7. Attendance in Trainings, 1. Diversion Programs 1-2 above
Seminars and Lectures 2. Reprimand or Citation
8. Participation in Community- 3. Fine
based programs 4. Payment of Cost
9. Education, Vocation & Life 5. Institutional Care & Custody
Skills
Prosecution: Duty of the
Prosecutor’s Office
 Specially-trained Prosecutor
 To conduct inquest, preliminary investigation &
prosecution
 To investigate allegations of torture or ill-treatment
Prosecution: When to Conduct PI
 Child is not qualified
for Diversion
 Parents & Guardians
do not agree to
Diversion
 Diversion is not
appropriate
Prosecution: Filing of Information
Service of
Subpoena/Affidavit-
Complaint
Notify the Public

Attorney’s Office
Determination of
Probable Cause
Filing of Information
before the Family Court
(Within 45 Days from
the Start of the PI)
Court Proceedings
 The Court shall not order the DETENTION of the
child in a jail pending trial or hearing of the case
(Sec. 35)
Alternatives to Detention
 Release on
Recognizance
 Release on Bail
 Transfer to a Youth
Detention Home or
“Youth Home”/
Rehabilitation Center or
“Youth Center”
Detention Pending Trial:
Alternative Measures
 Close Supervision
 Intensive Care
 Family Placement
 Educational Setting
 Home
 Institutionalization or
Detention Pending Trial
as a LAST RESORT &
for the SHORTEST
PERIOD OF TIME
Necessary Detention
 Child to be detained in a YOUTH DETENTION HOME
established by the Local Government of the city or
municipality where the Child resides (Section 8 of the
Family Courts Act)
IN THE ABSENCE OF A YOUTH
DETENTION HOME
 DSWD
 Local Rehabilitation
Center recognized by
the government &
within the jurisdiction
of the court
Diversion Measures
at the Court Level: When
Determined
Offense Stage of Trial

Maximum Penalty is Before ARRAIGNMENT
Imprisonment of 12 of CICL
Years, regardless of the
FINE or FINE regardless
of Amount
Automatic Suspension of Sentence
Child Found Guilty
(Below 18 at the time
of Commission of
Offense)
Court to Determine
Civil Liability
No pronouncement
of Judgment of
Conviction
CICL to be placed
under Suspended
Sentence Without
Need of Application
DISPOSITION
MEASURES
Discharge of CICL
Social Worker recommends
Dismissal of the case against
the CICL under Suspended
Sentence/ Disposition
Measures
Court to Order FINAL

DISCHARGE if the Objectives
Of the Disposition Measures
have been achieved
Civil Liability to be Enforced in

accordance with law
Return of the CICL to the Court:
for EXECUTION OF JUDGMENT
Grounds:  CICL has reached 18
1. Non-fulfillment of while under
Disposition Suspended Sentence:
Measures  Court to determine
whether to:
2. Willful Failure of the
 DISCHARGE the CICL
CICL to comply with  ORDER EXECUTION
Conditions of the of Sentence
Disposition  EXTEND suspended
sentence for a specified
Measures period or until CICL
reaches 21
CREDIT IN SERVICE OF
SENTENCE
 The CICL shall be credited with the FULL TIME
spent in ACTUAL COMMITMENT &
DETENTION
Probation: Alternative to
Imprisonment
Conviction/Sentence
Application for
Probation
Probation: Best
Interest
of the CICL
 Sec. 4, PD 968 (Probation Law of 1976) is

amended accordingly
Confidentiality of Records
 Exceptions:  Measures to Ensure
 Determination & Confidentiality
Availment of  Non-disclosure to
Suspended Sentence Media
 Qualification for  Separate Police
Probation Blotter
 Coding to Conceal
Material Information
leading to CICL’s
identity
Records of the CICL shall not
be used in SUBSEQUENT
PROCEEDINGS for cases
involving the same offender as
an adult.
Except: when BENEFICIAL to the
Offender and upon his WRITTEN
CONSENT
Persons who have been in
conflict with the law as a CHILD
NO LIABILITY for PERJURY,

CONCEALMENT or
MISREPRESENTATION by
reason of failure to acknowledge
the case or recite the facts in
response to any inquiry made to
him for ANY PURPOSE
Rehabilitation & Reintegration:
OBJECTIVE
Strategies Interventions
Approaches
 To improve Social Functioning

 To reintegrate to Family
 To become Productive Members of the
Community
Court Order Required
 Hearing
 Details of the Court Order to be Entered in a
Registry exclusively for CICL
 NO CICL shall be admitted in any facility where
there is no such REGISTER
Separate Facilities from Adults
 Exception: When they are members of the

SAME FAMILY
 Nature of the rehabilitation or training or
confinement area: HOME ENVIRONMENT for
quality counseling and treatment
Female CICL
 Special Attention to their PERSONL NEEDS and
PROBLEMS
 Female Doctors, Correction Officers & Social
Workers
 Separate Accommodation from the Males
Gender Sensitivity Training
 No personnel of rehabilitation & training facilities

shall handle CICL without having undergone
Gender Sensitivity Training
Youth Detention Homes
 Established by LGU’s pursuant to the Family

Courts Act
 May be established by Private Organizations &
NGO’s accredited by the DSWD in consultation
with the JJWC
Care & Maintenance of the CICL:
Who Bears the Cost?
 Parents or those liable for Support of the CICL
 Municipality (where offense was committed*)– 1/3
 Province – 1/3
 National Government – 1/3
 Chartered Cities – 2/3
 IRA withheld to pay for unpaid portion
*If the CICL is not a resident of the municipality where the

offense was committed, the Court may require the
Municipality where the CICL resides to shoulder the cost.
Confinement of Convicted Children in
Agricultural Camps & Other Training
Facilities
 In lieu of regular Penal Institution

 After Conviction
 Established, maintained, supervised and
controlled by the BUCOR in coordination with
DSWD
Rehabilitation of CICL
 Any or a COMBINATION  Community-based
of any of the Disposition Rehabilitation
Measures provided for in  Competency & Life Skills
the SC Rules on Development
Juveniles in Conflict with  Socio-cultural &
the Law Recreational Activities
 Community Volunteer
Projects
 Leadership Training
 Social Services
 Homelife Services
 Spiritual Enrichment
 Community & Family
Welfare Services
Community-based Programs:
Objectives
 Prevent disruption in the
education or means of
livelihood
 Prevent separation of the
child from parents,
guardians
 Facilitate rehabilitation &
mainstreaming;
encourage community
support & involvement
 Minimize stigma
Criteria
of Community-based Programs
 Focus on the
rehabilitation & re-
integration of the child
 Criteria to be established
by the JJWC
 Purpose of the program
 Need for the consent of the
child/parents/guardians
 Participation of Child-
centered agencies, public
or private
Youth Rehabilitation Center
 24-hour group care,
treatment and
rehabilitation services
 Structured Therapeutic
Environment
 Quarterly Progress
Report to the Court
 Final Report for Final
Disposition
 To be established in each
REGION by the DSWD
After-Care Support Services
 Provided by the LSWDO
 For a period of at least 6
Months
 Includes:
 Counseling
 Community-based services
designed to facilitate social
reintegration, prevent re-
offending & make the
children productive
members of the community
Exempting Provisions
 No liability for Status Offenses (curfew violations,

truancy, parental disobedience)
 Offenses Not Applicable to Children
 Vagrancy, Prostitution, Mendicancy, Sniffing of Rugby
(counseling & treatment instead)
 No Death Penalty for Children
Prohibited Acts
 Branding or Labeling (juvenile
delinquent, prostitute)
 Shaming – discriminatory remarks
& practices (child’s class or ethnic
origin)
 Employment of threats
 Employment of Abusive, Coercive
& Punitive Measures (cursing,
beating, stripping, solitary
confinement)
 Employment of Degrading,
Inhuman & Cruel Forms of
Punishment (shaving of hair,
pouring irritating, corrosive or
harmful substances, wearing signs
that embarrass, humiliate and
degrade personality & dignity
 Compelling child to perform
involuntary servitude
Penal Provisions
 Fine: PhP 20K – 50K
 Imprisonment: 8-10 Years
 Or BOTH at the
Discretion of the Court
 Unless a Higher Penalty
is prescribed by the RPC
or Special Laws
 Public Officers – Plus
Administrative Liability;
Perpetual Absolute
Disqualification
Transitory Provisions
 Immediate Dismissal of Cases of CICL 15 & Below
 CICL to referred to the LSWDO
 Alternatives to Detention for Detained CICL
 Inventory of Locked-up or Detained CICL
 Children who Reach 18 Pending Diversion or Court Proceedings
 Determine appropriate disposition
 Apply for Probation if qualified
 Convicted CICL / Serving Sentence

 Benefit from retroactive application of the law
 Appropriate Disposition/Adjustment of Sentence
Jail is no place for a child
Thank You and Good Day!

Republic Act No. 9344: Juvenile Justice & Welfare ACT OF 2006 23 April 2006

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Republic Act No. 9344: Juvenile Justice & Welfare ACT OF 2006 23 April 2006

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Republic Act No.

JUVENILE JUSTICE & WELFARE

A system of dealing with CHILDREN AT RISK and

 No exemption from Civil Liability which shall be borne by the

INITIAL CONTACT WITH

NOTICE TO THE LOCAL

 To Whom Will the Barangay Official

Inform child of his

Identify oneself &

Avoid using vulgar or

Do not subject the child to

Determine age of the Child

Notify the Child’s parents,

LSWDO to explain to the

Take the child for medical,

Record the ff: handcuffs; notification

All statements must be signed by

 Determine where the

If the Child is 15 or Below If the Child is above 15

 Offenses where there are NO PRIVATE

 SUPERVISED by the LSWDO

*Parents or Guardians *WCPD of the PNP shall forward

Notify the Public

Offense Stage of Trial

Court to Order FINAL

Civil Liability to be Enforced in

 Sec. 4, PD 968 (Probation Law of 1976) is

NO LIABILITY for PERJURY,

 To improve Social Functioning

 Exception: When they are members of the

 No personnel of rehabilitation & training facilities

 Established by LGU’s pursuant to the Family

*If the CICL is not a resident of the municipality where the

 In lieu of regular Penal Institution

 No liability for Status Offenses (curfew violations,

 Convicted CICL / Serving Sentence

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Parents or Guardians WCPD of the PNP shall forward